Joch v. Dankwardt

Citations

• 85 Ill. 331

Syllabus

<p>1. Law and fact—as to competency of servant employed. In a suit by a miner to recover for personal injury while being lowered into the mine, from the alleged incompetency of the engineer, the court should give only the law as to the liability of the defendant in case of negligence in the employment of an incompetent engineer, without intimating any opinion in regard to the force of the evidence showing such negligence. What time or training is requisite to make one a competent engineer, is no question of law, but one of fact only.</p> <p>2. Measure oe damages—mental suffering no element in case of injury by negligence. In a suit to recover for a personal injury, caused by the employment of an incompetent servant, mental suffering of the plaintiff is not a distinct element of damages, in addition to bodily suffering.</p>